Bombay High Court
TARACHAND R. NASHINEYversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Dissmiss For Default/Non-Prosecution
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner, Tarachand R. Nashiney, filed a writ petition on 15 July 2017 in the Bombay High Court seeking relief against the State of Maharashtra and others. The petitioner failed to appear for the hearing on 10 April 2026, and the record shows that neither the petitioner nor his counsel made any effort to advance the petition since its filing. The court observed that the petitioner appeared disinterested in pursuing the matter. Consequently, the court dismissed the petition on the ground of non-prosecution. The dismissal was ordered by a bench comprising Justices A.S. Gadkari and Kamal Khata.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear and does not take steps to prosecute a writ petition?
Subjects
- writ petition
- dismissal
- non‑prosecution
- criminal appellate jurisdiction
- Bombay High Court
Judgment
sbw 50-wp-3165-2017..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3165 OF 2017
Tarachand R. Nashiney … Petitioner
V/s.
State of Maharashtra & Ors. … Respondents
None for the Petitioner.
Mr. J.P. Yagnik, APP for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 10th April, 2026.
P.C.:-
1) None appears for Petitioner, when called out for hearing.
2) Record indicates that, since the date of filing of the Petition i.e.
15th July, 2017, the Petitioner and/or his Advocate has not taken any efforts
to circulate the Petition, even for once.
2.1) It appears that, the Petitioner is not interested in pursuing the
Petition.
3) Dismissed for non-prosecution.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally signed
by SANDHYA
SANDHYA BHAGU 1/1
BHAGU WADHWA
WADHWA Date:
2026.04.20
12:47:29 +0530
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